Jackson v. Sims‪.‬

This case is here for the second time. The defendant, Inland Freight Lines, as a common carrier by motor vehicle engaged in the transportation of property in interstate commerce, was charged with a violation of 49 U.S.C.A. § 322(g) by an information containing ten counts. On the first trial, the court submitted Counts II, VI, VII, IX and X to the jury and a verdict of guilty was returned on those counts. We reversed and remanded the case for a new trial solely upon the grounds that an instruction of the court erroneously advised the jury that negligence on the part of the company or failure on its part to check certain documents could be defined as knowingly and wilfully committing the unlawful act. Inland Freight Lines v. United States, 10 Cir., 191 F.2d 313. Upon retrial, there was a conviction on Counts VII, IX and X. This appeal is from a judgment and sentence upon that conviction.